Resources for Construction Lawyers and ADR Professionals
Two recent cases came to different conclusions on whether a user’s generative AI interactions were protected by attorney-client or work product privilege and were subject to discovery. In U.S. v. Heppner[i] a New York district judge held a criminal defendant’s interactions with…
Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation…
What happens in Vegas may stay in Vegas, but that’s not necessarily the case regarding what’s said or used in settlement conferences. Understanding the limits on privilege for settlement communications and materials helps counsel avoid unpleasant consequences.